Divorce Questions & Answers

Q: Does the 2 year moratorium for parenting time apply to a modification to the original order?

1 Answer | Asked in Divorce and Child Custody for Illinois on
Answered on Aug 25, 2016

Unless there is specific language to the contrary in your Joint Parenting Agreement, your ex must prove that a substantial change of circumstance has occurred if he wants to change the parenting time. He cannot just seek a change whenever he wishes. Incidentally, the two year period you refer to has to do with custody (residential parent) changes only, not changes that merely involve allocation of visitation/parenting time.
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Q: How to send divorce summons to spouse in different country

1 Answer | Asked in Divorce for New Jersey on
Answered on Aug 25, 2016

Service of the Divorce Summons and Complaint may be defective, but if you both want the divorce, it does not matter. Good luck.
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Q: Hello. i need to know what or the steps i need to take for divorce?

1 Answer | Asked in Divorce and Family Law for Louisiana on
Answered on Aug 24, 2016

You have a couple options, you can file for a divorce based on adultery that would end the marriage sooner but would also end any entitlement you have to interim spousal support sooner. You can also separate from your husband, file a "no fault" divorce and then wait 12 months after he is served to obtain a final divorce.

An attorney can tell you what is best based on your financial needs. You may be able to assist your attorney on what is needed for your mental and spiritual well...
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Q: I am asking for temporary relief to be able to see my 1 year old son, Will the court let me see him?

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Answered on Aug 24, 2016

If your attorney has made a motion for the temporary relief and requested that you be awarded temporary timesharing with your child, the motion must be called up for a hearing. Each case is unique and while its important that you speak with your attorney about the likelihood of you being awarded temporary timesharing with your child.
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Q: I want to get divorce we have been separated for 6 months we have agreed on everything can my divorce be fast? I can't

1 Answer | Asked in Divorce for Florida on
Answered on Aug 24, 2016

Contact the local clerk to get the forms packet.
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Q: My husband and I are separated and he lives in another state. What state do we file for divorce in?

1 Answer | Asked in Divorce for Florida on
Answered on Aug 24, 2016

Eithe one. You can file in FL. You should hire a lawyer to handle the case.
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Q: Can a person file Chapter 7 Bankruptcy based on a Judges sanction from a divorce case?

1 Answer | Asked in Bankruptcy and Divorce for Florida on
Answered on Aug 24, 2016

You can always file bankruptcy, that is your right. You should hire a lawyer to handle the case.
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Q: I have a younger friend who's parents got recently got divorced. Can she seek for her mother to have physical custody?

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Answered on Aug 23, 2016

This matter is best handled between the parents. Your friend should inform one of both of her parents of her wishes. Be aware a child's desire is a factor that a judge will consider, but there are a lot of other factors. In other words, if joint custody is the way the judge is leaning, the child's wishes are considered, but will not force the judge to change his/her mind. Also physical custody just mean that a parent has physical powers/control over the child. In think you are asking about sole...
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Q: Can I keep my son?

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Answered on Aug 23, 2016

Contact a family law lawyer. I leave the choice to you on whether you want to not follow the parenting plan (i.e. keep the child until adjudication is complete). For your general information, a parent may violate a parenting plan if there is a reasonable belief that the child's health and safety is at risk. Be aware that if you choose to keep the child the father can seek court action to compel you to transfer the child. Where he will do this is another matter...
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Q: can my wife keep my son from me, she says that I don't have any rights to him and what she says goes, is that true?

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Answered on Aug 23, 2016

It is difficult to provide you a definite answer as to your parental rights. This is a good forum to get some information, but I highly suggest that you speak with an attorney one-on-one, so that you can provide more confidential information. Often times when a relationship between the parents get a little sticky, visitation as to one of the parents suffers. Contact and hire an attorney.
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Q: Seeing someone who's still married they've been seperated for over 2 years she won't sign divorce papers

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 23, 2016

As I mentioned in your earlier post Divorce is "no fault" in Pennsylvania. Again, he would be well advised to consult an attorney so he knows his rights, what is relevant and what not.
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Q: husband required to provide support while pregnant?

1 Answer | Asked in Child Support and Divorce for Alaska on
Answered on Aug 23, 2016

Child support doesn't start until the child is born. The duty to support starts at birth, even without a court order. In the mean time, you can file a motion asking the court to order short-term spousal support, and if it's an emergency, you can ask the court to expedite your request. However, first you have to serve him with the divorce papers. (Make sure your case is still active before you serve him, and re-file if necessary.) He'll then need time to answer your divorce complaint, and...
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Q: Ex wife totaled car just finalized divorce a month ago.

1 Answer | Asked in Divorce for Tennessee on
Answered on Aug 23, 2016

This can't be anwered without a complete review of the MDA or the Judge's order ( whichever occurred). From the way you word the question, it sounds like it would got to her ( after all, if the wreck had not occurred, she would then get the cat, and thus the equity in it). If I was the judge, it would make some difference if she caused the accident ( why should she profit from her inattention or carelessness?). However, its unclear form the information you provided, but just how sure are you...
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Q: What does my paper work mean does he have sole custody, what are my rights ? Can someone please help

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Answered on Aug 23, 2016

Sorry, but it is impossible to answer your question without having the opportunity to review your paper work.
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Q: I've been seeing someone who's spouse wont sign divorce papers it's been 2 1/2 years... is there something he can do

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 23, 2016

He can file for divorce.He's looking for consent to an uncontested. But today uncontested doesn't mean what it use to--Pennsylvania is no-fault, no one has to show the other person was doing them wrong. He should get with a family law attorney--at least get a consultation. Whether they stay married or not, if separated she can go for support with or without your presence on the scene.
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Q: Husband wants to buy a condo in FLA using money from our joint account but doesn't want my name on the deed. Possible?

3 Answers | Asked in Divorce and Real Estate Law for Florida on
Answered on Aug 23, 2016

Property purchased during the marriage is considered to be a marital asset, regardless of how the property is titled. So this property would still be subject to equitable distribution.
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Q: If you buy property with insurance money after you filed for divorce, do you split the insurance money and the property?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

Without knowing more specifics, the answer would be that the property and the insurance proceeds are subject to equitable division.
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Q: I feel my child custody arrangements are unfair. What can I do?

1 Answer | Asked in Child Custody and Divorce for Illinois on
Answered on Aug 22, 2016

Consult, in person, with an experienced divorce lawyer to see if you have a case. You have not furnished enough facts for a lawyer to give you a competent answer. You need a personal meeting so the lawyer can learn all of your facts.
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Q: My husband and I have agreed to divorce. We have 2 teenage children. Can we use the same attorney?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

It is unethical for an attorney to give legal advice to both sides.
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Q: Husband is cheating. Would it hurt the case in divorce proceedings if wife moves out before the divorce?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

The legal concept of abandonment in divorce is all myth. She would lose no legal rights whatsoever if she were to move out.
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